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U.S. must aid Afghan judicial system

The Afghan government will soon control the detention center at Bagram, the author writes. | Reuters

By DAPHNE EVIATAR | 3/13/12 9:38 PM EDT

A U.S. soldier’s shooting spree that left 16 Afghan civilians dead Sunday is sure to exacerbate the difficulties of an already challenging U.S. withdrawal strategy.

Part of that plan was announced Friday, just before this tragedy, when the Obama administration said it had reached agreement with the Afghan government to hand over control of the U.S.-run detention center at Bagram within the next six months. What that means for about 3,200 detainees now imprisoned there remains unclear.

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To the extent that this marks the beginning of the end of the decadelong U.S. project of indefinite detention of terror suspects without charge or trial, it’s good news. (Now we just have to close the prison at Guantanamo Bay.)

But the agreement creates as many questions as it answers. In particular, how will the United States ensure that Afghanistan treats the detainees humanely, in accordance with international law? International law forbids the United States from transferring detainees to a situation where they risk torture or face other violations of international humanitarian and human-rights law — including the right to due process.

Handing over these Afghans to an abusive regime is also bad U.S. national security policy. Afghan opinion of the United States these days is low enough already.

Unfortunately, the agreement between the two countries, as revealed Friday, cites only vague assurances that the Afghan government will treat detainees humanely, with no mechanism for ensuring they keep that promise. It says nothing about the right to a fair hearing or trial for those in Afghan custody.

Kabul has a dismal record for providing either humane treatment or due process. The United States has no reason to believe it will change its practices now.

As recently as October, in fact, the United Nations reported that the Afghan intelligence service systematically tortures detainees, based on an investigation of 47 detention facilities in 22 provinces across the country.

Afghanistan’s justice system, meanwhile, is notoriously corrupt, failing to provide even the most basic elements of fair trials, including defense lawyers. When I was in Kabul last year, Afghan defense lawyers and human-rights activists told me that defense lawyers for the accused are still a rarity in much of the country. Even when a defense lawyer is assigned, that attorney often can’t meet with his client for many months, particularly in national security cases. In the meantime, the suspect may be tortured into confessing to a crime he didn’t commit.

Are we being duped by Israel, Saudi Arabia and the Obama White House to suppress and destroy all Shia leaders? Are we to be used the power and influence of Saudi-financed, Sunni jihadist? President Obama, Hillary Clinton ,their compliant media and even some Republicans seems hell bent on attacking Shia Muslim leaders like Ghadaffi, Assad and Ahmadinejad, while simultaneously supporting the Sunni, wahabi fanatics such as the Muslim Brotherhood. in this scenrario we could give arms aid and ammunition to an Al Quieda terrorist in Libya or Syria to fight the Shia sects and then be appalled when this same jihadist takes American arms, ammunition and money to fight our own soldiers in Afghanistan. Are we, like obedient vassals, being led to a possible war on the behest of Israel and Riyadh? It is no secret that the Saudi royal family wants to re-create a Muslim empire greater than Suileman the Magnificent's. It was Saudi-Sunni Muslims that flew planes into the World Trade Buildings and the Pentagon. It was the Sunni Muslims in Al Queida and the Taliban that have attcked and killed our soldiers and citizens throughout the world. But at the behest of AIPAC and the inf luence of wealthy, Israeli-American dual citizens in America, we are endorsing the Sunni terrorist and turning swaths of the Middle East over to their tyranny. Is this some new sort of 1917 Balfor Agreement with Wilsonian support? We abandoned Egypt's Mubarik and tribal leaders in Afghanistan, Iraq and Pakistan so Sunni fanatics so these radicals can set up their control. And now we are expected to attack Syrai and Iran who are now allies of Rusia and our most favored nation and creditor, China? And all this to appease our ostensible, parasitic ally, Israel and their collaborators, the Saudi royal family?

Obama administration said it had reached agreement with the Afghan government to hand over control of the U.S.-run detention center at Bagram within the next six months. What that means for about 3,200 detainees now imprisoned there remains unclear.

It means: 3,200 muslim terrorists will be released. Please understand islam and what it means.

Afghanistan IS THE ONE, who DID after all, HIDE OSAMA FOR, how many YEARS was it? WHILE RECEIVING BILLIONS UPON UNGODLY BILLIONS in Foreign Aide and from where? AMERICA! is where!

U.S. needs to aid its own judicial system not Afgans. Our judicial system is looking more like Afgans with the destruction of "rule of law" by Holder; Fast and Furious by Holder; anti voter ID by Holder; failure to prosecute black panther for civil rights violations by Holder and then we have the liberal judges who believe Shara law can be mixed with Americas Christian law or that it trumps anything written in our Constitution and laws. No sir, Afgan judicial system will function as it has for thousands of years, its our judicial system that is being politicized and radicalized for the cause of the "new order" of a Obama utopia in socialism. By the way, how is that Obama "hope and change" going for you at the gas pumps? Yeah, thought so. No Obama in November.

"All we need to do now is close Guantanomo Bay" -why close it? we should be lookin for a way to make it profitable, think outside the box. This is a legit idea- http://www.ipetitions.com/peti... definitely behind that one.

Why don't we "aid" their "judicial" system by using some demonstrations bombs. Maybe that will get their attention.

That's what we did when we had an important disagreement with Japan. First we dropped a "demonstration" bomb on Hiroshima. When that "demonstration" bomb didn't work, we dropped another one on Nagasaki. It was the second one which seemed to do the trick.

how will the United States ensure that Afghanistan treats the detainees humanely, in accordance with international law? International law forbids the United States from transferring detainees to a situation where they risk torture or face other violations of international humanitarian and human-rights law — including the right to due process.

Pumpkin,

The United States of America Answers to No One. That's First and Foremost because America is, after all, the ONLY Country that gives more (Freedom, Aide and Welfare) than everybody else combined. Secondly, NO Country, NO COUNTRY, not even ONE, contributes to America. I see no foreign aide coming this way and My Sweet, we need it like we've never needed it before with this here Sixteen Trillion and Tickin' Dollar Debt of ours.

humanely - Afghanistan will first, give them a Warm Welcome Home Party and then send them right back out to The Battlefield. Stop being so naive. I get the feeling you do this on purpose. You can't be Intelligent in these here times and not know what's going on.

International Law is NOT American Law. You do realize you're Advocating for The One World Order don't you? The World aka International Law has NOTHING to do with America. They don't pay the damn Bills around here, Americans do AND, America has EVERY RIGHT to do with whatever she damn well pleases to any and all Enemies. I dare you to tell The Jews, The Muslims, The Indians, The Mexicans, I dare you to tell anyone other than Americans and America, to do what you're telling us to do.

right to due process - IS ONLY FOR AMERICANS! Not for Illegal Aliens, not for muslims, not for enemies, not for anyone EXCEPT Americans. Please stop distorting. I feel you're doing this deliberately.

Handing over these Afghans to an abusive regime is also bad U.S. national security policy. Afghan opinion of the United States these days is low enough already.

So you want to bring them here right? GIVE them Homes, Food, Education, Jobs, Promotions and even GIVE them Government "forgivable" Business Loans right? And The Americans? Americans are struggling with 20+% unemployment, unfettered immigration, unfettered illegal immigration and exorbitant prices for everything but your concern lies not here, no, it lies with those who swear to kill us. Thanks. Thanks for nothing.

abusive regime - If you don't want "abuse", help Ali Sina rid The World of Islam. Islam must be eradicated. www.faithfreedom.org

low enough - It is not The Duty of America to make muslims happy. America's Duty is to make Americans Happy.

Nothing like a conferate flag to elevate the worth of what you post.....

And there's nothing like a sad non-white such as yourself to use a Battle Flag for a "reason" to not Debate my point(s).

Why is it that You People can Never Acknowledge any Actual Facts? The Fact is, Ole' Blackie had Rights long before your lying, cheating, scammin' and schemin' Negro aka mlk ever came along. And, there is that pesky little wonder about how it was you people who allowed your own to die on purpose so you could blame it on White Folks.

You messed with the wrong one son. I don't play the "evil whitey" game for you see, I know that's exactly what it is. A game and we all know what games are now don't we? Games are lies. Fantasy. Made up. Lies.

You need to Debate my Points/Opinions or, go ahead and start with the "racism" crap but should you dare, be a Man and take what I give you in return.